I-9 / E-Verify

The Social Security Administration (SSA) announced in March of this year that it would once again begin issuing “no match” letters to employers who had employees with W-2 information that did not match SSA records. Originally, letters of this nature were issued by the SSA back at the start of 1993. The purpose of the letters was to ensure accurate earning records were being kept in order to calculate social security benefits.
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The Social Security Administration (SSA) has made it clear that in spring 2019, they would be notifying employers, as well as third-party payroll companies, if they submitted any W-2s that had a name and social security number (SSN) that did not match the agency’s records. These social security mismatch notices began rolling out in March of this year. The SSA states the purpose of the mismatch letters is to make employers aware of corrections that are needed in order for the agency to accurately post employee earnings and correct records.
Issuing mismatch notices is not a new practice for the SSA. Starting in 1993 and ending in 2012, the SSA sent out notices to employers when submitted Form W-2s contained a name and SSN that did not correspond with agency records.
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The SSA explains that it's seeking to reconcile discrepancies between the names and Social Security Numbers (SSNs) it has on file with the names and SSNs that employers report. The purpose isn't to support enforcement of immigration law, but rather to "properly post employees' earnings to the correct record." That's an important distinction because if you confused such a letter with, for example, a "tentative non-confirmation" red flag coming from the US Department of Homeland Security's E-Verify system, you might unintentionally take an action that would get you into trouble. 
 

In other words, you should NOT take any adverse action (for example, a suspension or termination) against any employees who provided inaccurate information. You may suspect the worker gave you someone else's SSN because he or she doesn't have a legitimate SSN, but taking the matter into your own hands could inadvertently could violate state and federal nondiscrimination laws.
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Employers

Form I-9

Even though Form I-9 support representatives were unavailable during the lapse in government appropriations and E-Verify service was disrupted, employers were still required to complete and retain Form I-9, Employment Eligibility Verification, for every person hired for employment in the U.S. during that time, as long as the person works for wages or other remuneration.
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U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) announced Tuesday the results of a two-phase nationwide operation in which I-9 audit notices were served to more than 5,200 businesses around the country since January. A notice of inspection (NOI) informs business owners that ICE is going to audit their hiring records to determine whether they are complying with existing law.
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What is my legal obligation as an employer to verify an employee’s right to work in the U.S.?

Before hiring a new employee, employers are required to ensure an employee is eligible to work in the United States.  Knowingly hiring illegal employees or failing to inquire as to an employee’s immigration status could result in legal fines and other penalties.  Employee eligibility is typically determined through Read more . . .

U.S. Citizenship and Immigration Services (USCIS) today announced the launch of its new website, E-Verify.gov. This is the authoritative source for information on electronic employment eligibility verification. E-Verify.gov is for employers, employees and the general public.
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What are the penalties for hiring illegal immigrants?

Employers across the country need to be aware that the U.S. Immigration and Customs Enforcement has announced its intention to increase the number of employers it prosecutes for hiring illegal immigrants.  Employees who are here illegally are also at risk. The acting ICE Director, Thomas Homan, has stated that workplace immigration enforcement efforts will rise to four to five times the current level.
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On July 17th, 2017, USCIS released a revised version of Form I-9, Employment Eligibility Verification Form. On September 18th, 2017, employers must use the revised form with the revision date of 07/17/17 N. Employers can continue using the older Form I-9 with a revision date of 11/14/16 N through September 17th. Employers must continue following existing storage and retention rules for any previously completed Form I-9.
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USCIS published a revised version of Form I-9, Employment Eligibility Verification. Employers may continue using Form I-9 with a revision date of 03/08/2013 N. through Jan. 21, 2017. By Jan. 22, 2017, employers must use the revised form.
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U.S. Citizenship and Immigration Services (USCIS) today published a revised version of Form I-9, Employment Eligibility Verification.

By Jan. 22, 2017, employers must use only the new version, dated 11/14/2016. Until then, they can continue to use the version dated 03/08/2013 or the new version.

Among the changes in the new version, Section 1 asks for “other last names used” rather than “other names used,” and streamlines certification for certain foreign nationals.
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